(영문) 부산지방법원 2021.03.30 2020가단334816

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(영문) 부산지방법원 2021.03.30 2020가단334816

건물인도

Text

The Defendant

A. A. Re-delivery of the attached real estate to “marking real estate” and KRW 2.3,714,320.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person established under the law of a local public corporation, which has constructed a permanent rental apartment for the purpose of contributing to the stabilization of the residential life of citizens, the improvement of their welfare, and the development of local communities, and carries out

B. On January 22, 2018, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with the owner of the re-real estate (hereinafter “the instant real estate”) at the time of “marking real estate” as indicated in the attached Form (hereinafter “the instant real estate”) with KRW 4,250,00, monthly rent of KRW 72,200, and the term of lease from November 13, 2017 to November 12, 2019, and agreed to increase the rent of KRW 74,100.

(c)

The Defendant did not pay monthly rent and management expenses after September 2018, and the Plaintiff expressed his intent to terminate the instant lease contract by serving a duplicate of the instant complaint on the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 5, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, the instant lease contract was terminated by the Plaintiff’s declaration of intent to terminate the contract due to the Defendant’s nonperformance of obligation.

As such, the Defendant is obligated to deliver the instant real estate to the Plaintiff following the termination of the contract, and pay the Plaintiff KRW 3,714,320 in total for the unpaid monthly rent and management expenses [1,762,060 for the unpaid monthly rent (from September 1, 2018 to July 2020)] and pay KRW 1,952,260 for the unpaid management expenses (from September 1, 2028 to June 2020). The Defendant is obligated to pay KRW 74,100 for each month from September 1, 202 to the completion date of delivery of the instant real estate.

Therefore, the plaintiff's claim is justified, and it is so decided as per Disposition.

유사 판례

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-부산지방법원 2015.04.10 2014가합51162